A "Second Amendment" to India’s Constitution - Excellent Article

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SMJ
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A "Second Amendment" to India’s Constitution - Excellent Article

Post by SMJ » Fri Nov 03, 2017 12:45 pm

Hi, not too sure if it has been shared earlier but a must read :-

http://moderndiplomacy.eu/index.php?opt ... Itemid=137
A ‘Second Amendment' to India’s Constitution
Saurabh Malkar By Saurabh Malkar
Oct 10, 2017

Image

The mass shooting at Las Vegas on October 01, the most gruesome and deadliest of all mass shootings in US history, segued, predictably, into a debate about gun control. Liberal/leftist entities renewed their chants for increased gun control citing the rampage that results due to lax gun ownership legislation, while pro-gun-rights activists rallied behind the claim that firearms in the hands of law-abiding citizens save lives and that such incidents are extreme outliers.

Regardless, I am of the opinion that on balance, guns in the hands of trained, law-abiding citizens protect lives. It’s also important to emphasize that guns don’t kill; malevolent people with access to guns do, and it takes firearms to subdue such people. Of note is the fact that strict gun regulation doesn’t necessarily make it difficult for the offender to obtain firearms, it simply disarms the innocent and makes for a field day for the unhinged loons.
Anyway, I don’t wish to reiterate the merits of gun ownership and make a case against undue gun control and regulation. There are several outstanding and credible sources on the web that make the above argument in a cogent manner.

The following piece is on the possible merits of a law in India along the lines of the 2nd Amendment to the US Bill of Rights. Bear in mind that gun ownership is not enshrined in the Constitution of India and the current gun laws on the books are built up on the disarmament drive during British colonial rule. Disarmament of Indian subjects became an imperative to establishing colonial rule after the armed mutiny of 1857 against growing British takeover of territory, trade, and governance.   

India’s bureaucratic culture, corrupt law enforcement agencies, and tardy criminal courts often result in under-reporting and under-trying of offenders, protracted courtroom battles, and, in some cases, withdrawal of charges by the victim. Much of this sorry state of affairs is the result of political pressure or existential threats brought to bear upon the victim.

The above is especially true in the northern states of India, with political power concentrated in the hands of a few well-connected families, prevalence of a lawless culture, and a tacit acceptance of criminal conduct as a daily routine.

This reflects in day-to-day acts of injustice towards those who aren’t well connected and don’t have the means to take legal action. Young women pay a dearer price in this thuggish northern culture with stories of gang rapes, molestation, forced marriages, and dowry-related deaths making frequent headlines in local newspapers.

In 2012, India garnered negative attention in international media for the gruesome gang rape and aggravated assault of a young girl on a public bus. Her male companion was assaulted with a metal rod, which was also used subsequently to penetrate the female victim. It took the court around two and a half years to give a verdict in what had become a high-profile court case.

In the following years, other cases of sexual assault sprung up across the country, with a shocking incident of gang rape in Bombay (Mumbai), known for its nightlife and its low incidence of gory sexual crimes.

It’s not just women whose lives are under direct threat. Journalists, especially those whose opinions are unsavory, have to keep an eye out for danger lurking around the corner. While receiving death threats might be a part and parcel of a profession that engages in political dogfighting with the powers that be, recent years saw the political execution of notable journalists, the recent being that of Ms. Gauri Lankesh.

Minorities, especially Muslims, have come in the cross hairs of Hindu nationalists, especially, with the indirect beef ban instituted across most of India. Past few months saw harassment, lynching, and stabbing of law-abiding citizens over religion and their connection to either consumption of or transportation of beef.

Even businesses aren’t safe if they are on the wrong side of the fence. Hindu fanatics associated with Shiv Sena – a bunch of delinquents that masquerade as a political party - recently forced, under threat, butchers and eateries serving meat to close down for nine days owing to a Hindu festival. This is not the first time this political party has used their muscle to disrupt commerce. The 1990s and early 2000s saw the party’s youth wing vandalize gift stores and harass couples on Valentine’s Day in a bid to maintain and enforce ‘cultural purity.’

The state of Uttar Pradesh (UP) in northern India is presently reeling under the worst form of institutionalized moral policing, with its chief minister, Yogi Adityanath – whose understanding of a secular state is hazy at best – having installed ‘anti-Romeo squads’ to crack down on socializing between opposite sexes. Penance is left at the discretion of police officers or the rag-tag militia in charge with patrolling and ranges from harassment to physical assault.

The ever-growing power of the state is tightening the noose around individual liberty, choice, tolerance, and free commerce – some of the hallmarks of a liberal society. The law enforcement is either complicit with the politicians or ineffective and the courts are sluggish and marred in bureaucracy.
The presence of several fault lines in the Indian demographic, thanks to its multicultural and multiethnic foundations, add fuel to fire.

The Modi administration, fully aware of the fault lines and with intentions to pre-empt insurgencies, doubled down on gun regulation and introduced stricter laws. Under the new law, not only will it be more time consuming and difficult to obtain a gun license, equipment like air-guns, blank-firing guns, and paint ball guns will also require a license.

While it seems that Modi wishes to cut down firearms-related violence, he seems to be willfully ignoring the fact that in 2014, only 14% of the victims of gun violence were killed by licensed guns. A sizeable chunk of these fatalities occurs at the barrel of unlicensed guns, of which there is a thriving underground economy.

Disarming law-abiding citizens only makes them susceptible to being browbeaten by predators, religious fanatics, and political goons.
Could the possession of a firearm by a prospective victim deter the assailant?

“Yes!” says a study out of Chicago that looks at crime deterrence and gun ownership. In fact, the dissuasive effect is more pronounced in crimes like aggravated assault, rape, murder, and robbery.

With courses on safety and use made mandatory for obtaining license, a firearm can be used to level the playing field between the victim and the assailant. Might we see lower incidence of rapes, sexual assaults, disruption of commerce, and infringement of individual liberties? The study does seem to answer this question in the affirmative.

Will Modi and his political mandarins realize this vital fact and loosen up gun regulation for lawful men and women? It doesn’t seem so. A well-regulated citizen militia that doesn’t need to be in his thrall will run counter to his political ambitions and statist principles.
India has a long way to go until she gets her own ‘second amendment.’

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Re: Excellent Article

Post by Prabhath » Fri Nov 03, 2017 12:52 pm

It was a good read indeed. About India getting it's own version of the 2nd Amendment.........not in a million years. Sounds pessimistic yes.........but that's the way it is.

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Re: A "Second Amendment" to India’s Constitution - Excellent Article

Post by mundaire » Fri Nov 03, 2017 5:50 pm

Good article, kudos to the author! (y) :)

Cheers!
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Re: A "Second Amendment" to India’s Constitution - Excellent Article

Post by panzernain » Fri Nov 03, 2017 10:25 pm

Straight to the point. Need more articles like this.

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Re: A "Second Amendment" to India’s Constitution - Excellent Article

Post by panzernain » Sat Nov 04, 2017 5:09 pm

SMJ wrote:Hi, not too sure if it has been shared earlier but a must read :-

http://moderndiplomacy.eu/index.php?opt ... Itemid=137
A ‘Second Amendment' to India’s Constitution
Saurabh Malkar By Saurabh Malkar
Oct 10, 2017

Image

The mass shooting at Las Vegas on October 01, the most gruesome and deadliest of all mass shootings in US history, segued, predictably, into a debate about gun control. Liberal/leftist entities renewed their chants for increased gun control citing the rampage that results due to lax gun ownership legislation, while pro-gun-rights activists rallied behind the claim that firearms in the hands of law-abiding citizens save lives and that such incidents are extreme outliers.

Regardless, I am of the opinion that on balance, guns in the hands of trained, law-abiding citizens protect lives. It’s also important to emphasize that guns don’t kill; malevolent people with access to guns do, and it takes firearms to subdue such people. Of note is the fact that strict gun regulation doesn’t necessarily make it difficult for the offender to obtain firearms, it simply disarms the innocent and makes for a field day for the unhinged loons.
Anyway, I don’t wish to reiterate the merits of gun ownership and make a case against undue gun control and regulation. There are several outstanding and credible sources on the web that make the above argument in a cogent manner.

The following piece is on the possible merits of a law in India along the lines of the 2nd Amendment to the US Bill of Rights. Bear in mind that gun ownership is not enshrined in the Constitution of India and the current gun laws on the books are built up on the disarmament drive during British colonial rule. Disarmament of Indian subjects became an imperative to establishing colonial rule after the armed mutiny of 1857 against growing British takeover of territory, trade, and governance.   

India’s bureaucratic culture, corrupt law enforcement agencies, and tardy criminal courts often result in under-reporting and under-trying of offenders, protracted courtroom battles, and, in some cases, withdrawal of charges by the victim. Much of this sorry state of affairs is the result of political pressure or existential threats brought to bear upon the victim.

The above is especially true in the northern states of India, with political power concentrated in the hands of a few well-connected families, prevalence of a lawless culture, and a tacit acceptance of criminal conduct as a daily routine.

This reflects in day-to-day acts of injustice towards those who aren’t well connected and don’t have the means to take legal action. Young women pay a dearer price in this thuggish northern culture with stories of gang rapes, molestation, forced marriages, and dowry-related deaths making frequent headlines in local newspapers.

In 2012, India garnered negative attention in international media for the gruesome gang rape and aggravated assault of a young girl on a public bus. Her male companion was assaulted with a metal rod, which was also used subsequently to penetrate the female victim. It took the court around two and a half years to give a verdict in what had become a high-profile court case.

In the following years, other cases of sexual assault sprung up across the country, with a shocking incident of gang rape in Bombay (Mumbai), known for its nightlife and its low incidence of gory sexual crimes.

It’s not just women whose lives are under direct threat. Journalists, especially those whose opinions are unsavory, have to keep an eye out for danger lurking around the corner. While receiving death threats might be a part and parcel of a profession that engages in political dogfighting with the powers that be, recent years saw the political execution of notable journalists, the recent being that of Ms. Gauri Lankesh.

Minorities, especially Muslims, have come in the cross hairs of Hindu nationalists, especially, with the indirect beef ban instituted across most of India. Past few months saw harassment, lynching, and stabbing of law-abiding citizens over religion and their connection to either consumption of or transportation of beef.

Even businesses aren’t safe if they are on the wrong side of the fence. Hindu fanatics associated with Shiv Sena – a bunch of delinquents that masquerade as a political party - recently forced, under threat, butchers and eateries serving meat to close down for nine days owing to a Hindu festival. This is not the first time this political party has used their muscle to disrupt commerce. The 1990s and early 2000s saw the party’s youth wing vandalize gift stores and harass couples on Valentine’s Day in a bid to maintain and enforce ‘cultural purity.’

The state of Uttar Pradesh (UP) in northern India is presently reeling under the worst form of institutionalized moral policing, with its chief minister, Yogi Adityanath – whose understanding of a secular state is hazy at best – having installed ‘anti-Romeo squads’ to crack down on socializing between opposite sexes. Penance is left at the discretion of police officers or the rag-tag militia in charge with patrolling and ranges from harassment to physical assault.

The ever-growing power of the state is tightening the noose around individual liberty, choice, tolerance, and free commerce – some of the hallmarks of a liberal society. The law enforcement is either complicit with the politicians or ineffective and the courts are sluggish and marred in bureaucracy.
The presence of several fault lines in the Indian demographic, thanks to its multicultural and multiethnic foundations, add fuel to fire.

The Modi administration, fully aware of the fault lines and with intentions to pre-empt insurgencies, doubled down on gun regulation and introduced stricter laws. Under the new law, not only will it be more time consuming and difficult to obtain a gun license, equipment like air-guns, blank-firing guns, and paint ball guns will also require a license.

While it seems that Modi wishes to cut down firearms-related violence, he seems to be willfully ignoring the fact that in 2014, only 14% of the victims of gun violence were killed by licensed guns. A sizeable chunk of these fatalities occurs at the barrel of unlicensed guns, of which there is a thriving underground economy.

Disarming law-abiding citizens only makes them susceptible to being browbeaten by predators, religious fanatics, and political goons.
Could the possession of a firearm by a prospective victim deter the assailant?

“Yes!” says a study out of Chicago that looks at crime deterrence and gun ownership. In fact, the dissuasive effect is more pronounced in crimes like aggravated assault, rape, murder, and robbery.

With courses on safety and use made mandatory for obtaining license, a firearm can be used to level the playing field between the victim and the assailant. Might we see lower incidence of rapes, sexual assaults, disruption of commerce, and infringement of individual liberties? The study does seem to answer this question in the affirmative.

Will Modi and his political mandarins realize this vital fact and loosen up gun regulation for lawful men and women? It doesn’t seem so. A well-regulated citizen militia that doesn’t need to be in his thrall will run counter to his political ambitions and statist principles.
India has a long way to go until she gets her own ‘second amendment.’
I need to share an important piece of information. I talked to Mr. Malkar on his article above. He is positive about sharing and writing more about the the issues faced under RKBA in India. My request is to all the members of this group is to collate all the important data, crime figures, case laws on all the problems faced, including the licensing as well as procurement of weapons and their availability. I will be sharing his email address here once I have his permission.
Thank you.

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Re: A "Second Amendment" to India’s Constitution - Excellent Article

Post by mundaire » Sat Nov 04, 2017 5:35 pm

Vikram had put together some data in his excellent write up http://indiansforguns.com/right_to_protection.pdf , that could be a good starting point.

Cheers!
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Re: A "Second Amendment" to India’s Constitution - Excellent Article

Post by panzernain » Sat Nov 04, 2017 7:31 pm

mundaire wrote:Vikram had put together some data in his excellent write up http://indiansforguns.com/right_to_protection.pdf , that could be a good starting point.

Cheers!
Abhijeet
Thanks Abhijeet. Sharing the same with the author now.

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Re: A "Second Amendment" to India’s Constitution - Excellent Article

Post by russianshooter » Sat Nov 04, 2017 9:06 pm

In UK no weapon but +18% up violent crimes
https://www.theguardian.com/uk-news/201 ... n-a-decade

2-end admenment India cool Idea need lobbing!

India in perspective second market in the World civilian weapons

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Re: A "Second Amendment" to India’s Constitution - Excellent Article

Post by goodboy_mentor » Sun Nov 05, 2017 12:23 am

panzernain wrote:Straight to the point. Need more articles like this.
Not only articles, but also debates on radio, TV talk shows where politicians, ministers etc. are interviewed. Had posted this idea earlier here viewtopic.php?f=3&t=25163
panzernain wrote:My request is to all the members of this group is to collate all the important data, crime figures, case laws on all the problems faced,
He may read the following post and the links given in it viewtopic.php?f=4&t=25494&p=251374#p251374
"If my mother tongue is shaking the foundations of your State, it probably means that you built your State on my land" - Musa Anter, Kurdish writer, assassinated by the Turkish secret services in 1992

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Re: A "Second Amendment" to India’s Constitution - Excellent Article

Post by panzernain » Sun Nov 05, 2017 9:40 am

Thank you goodboy_mentor. You are always of a big help. Now I also came across a survey data of how the overall number of license holders is on a decline in India. Can you share that if you come across?
Thanks

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Re: A "Second Amendment" to India’s Constitution - Excellent Article

Post by panzernain » Sun Nov 05, 2017 2:58 pm

Following is an excerpt of my correspondence with Mr. Malkar.
"Given the sorry state of security on the streets of India, of which women and commercial enterprises tend to be the biggest losers, bearing firearms might help provide some respite. The data I looked at and the arguments I have heard support the proposition.

I am very interested in political commentary and writing for media outlets with the aim to influence policy making and public opinion. I am looking for opportunities to help leverage my skills. I would be extremely grateful if you could pass me some helpful resources/information that might help me pursue my interest. "
I have shared the links forwarded by Abhijeet and goodboy_mentor. The members can also send more data directly to him as well. His email is below -
[email protected]

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Re: A "Second Amendment" to India’s Constitution - Excellent Article

Post by SMJ » Sun Nov 05, 2017 5:05 pm

panzernain wrote:Following is an excerpt of my correspondence with Mr. Malkar.
"Given the sorry state of security on the streets of India, of which women and commercial enterprises tend to be the biggest losers, bearing firearms might help provide some respite. The data I looked at and the arguments I have heard support the proposition.

I am very interested in political commentary and writing for media outlets with the aim to influence policy making and public opinion. I am looking for opportunities to help leverage my skills. I would be extremely grateful if you could pass me some helpful resources/information that might help me pursue my interest. "
I have shared the links forwarded by Abhijeet and goodboy_mentor. The members can also send more data directly to him as well. His email is below -
[email protected]
Glad that this thread has elicited the kind of interest it has. Hope your working with Mr Malkar can manage to get more of such articles published panzernian [emoji846]

Sent from my SM-J701F using Tapatalk

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Re: A "Second Amendment" to India’s Constitution - Excellent Article

Post by goodboy_mentor » Sun Nov 05, 2017 9:12 pm

panzernain wrote:Thank you goodboy_mentor. You are always of a big help. Now I also came across a survey data of how the overall number of license holders is on a decline in India. Can you share that if you come across?
Thanks
You are welcome. I do not have the data, probably mundaire has it.
"If my mother tongue is shaking the foundations of your State, it probably means that you built your State on my land" - Musa Anter, Kurdish writer, assassinated by the Turkish secret services in 1992

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Re: A "Second Amendment" to India’s Constitution - Excellent Article

Post by StampMaster » Thu Nov 16, 2017 11:51 pm

Another good guy with a gun saves woman from alleged rape

How do you stop the real war on women? With a Glock 43 and an open carry permit.

Josh Williams, 39, is another good guy with a gun, a hero who stopped the alleged rape of a woman in September. Williams, a resident of Austin, Texas, likes to go running along the Hike-and-Bike trail at least once a week. In the early mornings, he carries a cell phone, a flashlight, and his firearm.



In an interview with KVUE News, Williams explained that he carries his firearm while jogging in the early morning: "It's dark, and I don't know what's out there, so I have it to protect myself and other people."

"That's what it's all about anyway, to help other people with it, not just myself."

On the morning of September 15, around 5:30 a.m., Williams was running when he heard a woman screaming. Pointing his flashlight in the direction of the screams, he found a woman being sexually assaulted. According to KVUE, this crime was one of a series of recent similar attacks in the area.

Williams immediately went into action.

"I came up, pulled my gun and told him to get off of her," he said. "Get on your knees and show me your hands."

The assailant, identified by police as 22-year-old Richard McEachern, fled the scene. Police managed to arrest him days later, aided by Williams' description and the description from the victim. He has been charged with sexual assault and is currently in the Travis County Jail.

Williams said that he’s been licensed to carry his Glock 43 for about 10 years. This was the first time he's ever had to use it.

"I didn't think I'd ever have to pull it," he said. "Did I want to? No, but just right place, right time."

Even after Stephen Willeford stopped the Texas church shooter with an AR-15, leftists continue to challenge the reality that a good guy with a gun can stop crime.

But that doesn't change the fact that there are heroes like Josh Williams out there.

"I don't see myself as being a hero," Williams told KVUE. "But I guess I am."
”Criminals love gun control; it makes their jobs safer.”

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Re: A "Second Amendment" to India’s Constitution - Excellent Article

Post by goodboy_mentor » Sat Nov 18, 2017 8:30 pm

Has anyone ever thought what is the real reason why the Indian State is scared if all common citizens have guns to defend themselves from crime and barbaric injustice? Following is the reason -
Image
Maharajganj: In a disturbing video clip from eastern Uttar Pradesh's Maharajganj district, a teenaged boy, accused of theft, is seen being assaulted in a police station compound by two policemen despite pleading for mercy.

He begs for mercy but the brutality of the officers only grows. Both cops first place a piece of wood on the boy's legs and stand on it at both ends. The boy cries out pleading for forgiveness, but the policemen do not yield. The senior of the two policeman even makes an effort to balance himself on the piece of wood, and this makes the boy scream in pain.

After a while, the same policeman begins to hit the boy with his cane and also repeatedly abuses him. The boy is also kicked and slapped by this policeman.

The incident took place in September at a police station in Maharajganj called Paniyara. It is not clear who recorded the video, police say.

As outrage over the incident spread, the police said they have suspended Sub Inspector KN Shahi - the senior cop - seen in the video.

"The cops were trying to beat the boy and recover the items allegedly stolen by him. They could not find any items on him and so he was let off. We have suspended the policeman in question, the Sub Inspector, and we will take more action after a detailed inquiry," Ashutosh Shukla, Additional Superintendent of Police of Maharajganj said.

The boy was accused of theft by a woman from his village and after a complaint was lodged against him, he was picked up by the police and brought to the police station for questioning.
Source https://www.ndtv.com/india-news/on-vide ... eststories

Is torture, rape, murder etc. by police an unwritten state policy? Ask yourself and answer it yourself. If your answer is yes, then how can such a State power allow all it's citizens the basic human right to keep and bears arms?
"If my mother tongue is shaking the foundations of your State, it probably means that you built your State on my land" - Musa Anter, Kurdish writer, assassinated by the Turkish secret services in 1992

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